Common use of Funding of Costs and Expenses Clause in Contracts

Funding of Costs and Expenses. (a) The Parties agree to pay timely the costs and expenses allocated and charged to them pursuant to Section 5.01 and elsewhere herein. (b) To the extent that costs and expenses are allocated and charged to Participants pursuant to Section 5.01 and elsewhere in this Agreement, and not retained by CWEI from a distribution to Participants pursuant to Section 5.05, CWEI shall send written notice to the Participants (a “Contribution Notice”) setting forth (i) the date on which such additional funds shall be payable (the “Contribution Date”), which date shall be not less than 10 days after the date of the Contribution Notice, and (ii) the total amount of funds required to be paid by each Participant pursuant to this Section 5.04. The funds required of each Participant shall be in proportion to the number of Interests held by such Participant. (c) If a Participant does not pay timely the costs and expenses allocated and charged to such Participant (a “Non-Contributing Party”) at the time or in the manner provided in the Contribution Notice, CWEI, in its sole discretion, may pay the costs and expenses that the Non-Contributing Party failed to pay within 20 days after the Contribution Notice, in which case the Non-Contributing Party, without further action on his or her part, shall be deemed to have assigned to CWEI the economic rights to the Interests held by the Non-Contributing Party pursuant to this Agreement, and CWEI, as the assignee of the Non-Contributing Party and the holder of such Interests, shall be entitled to receive all allocations of income, gain, loss, deduction, credit or similar items, and all distributions, to which the Non-Contributing Party would otherwise be entitled from and after the Contribution Date. CWEI shall hold such Interests attributable to the Non-Contributing Party until such time as CWEI, as the holder of such Interests, shall have received distributions pursuant to Section 5.05 in an aggregate amount equal to 200% of the additional funds paid by CWEI pursuant to this Section 5.04(c), whereupon CWEI, without further action on its part, shall be deemed to have re-assigned the economic rights to such Interests to the Non-Contributing Party. CWEI may use the power of attorney set forth in Section 8.13 to reflect any assignment pursuant to this Section 5.04(c). Furthermore, a Non-Contributing Party shall indemnify and hold harmless each other Party to the fullest extent permitted by law, from and against the costs and expenses that the Non-Contributing Party failed to pay, including any losses, costs, liabilities, damages, and expenses (including, without limitation, costs of suit and attorneys’ fees) paid or incurred in attempting to collect the costs that the Non-Contributing Party failed to pay.

Funding of Costs and Expenses. (a) The Parties agree to pay timely the costs and expenses allocated and charged to them pursuant to Section 5.01 and elsewhere herein. (b) To the extent that costs and expenses are allocated and charged to Participants pursuant to Section 5.01 and elsewhere in this Agreement, and not retained by CWEI from a distribution to Participants pursuant to Section 5.05, CWEI shall send written notice to the Participants (a “"Contribution Notice”") setting forth (i) the date on which such additional funds shall be payable (the “"Contribution Date”"), which date shall be not less than 10 days after the date of the Contribution Notice, and (ii) the total amount of funds required to be paid by each Participant pursuant to this Section 5.04. The funds required of each Participant shall be in proportion to the number of Interests held by such Participant. (c) If a Participant does not pay timely the costs and expenses allocated and charged to such Participant (a “"Non-Contributing Party”") at the time or in the manner provided in the Contribution Notice, CWEI, in its sole discretion, may pay the costs and expenses that the Non-Contributing Party failed to pay within 20 days after the Contribution Notice, in which case the Non-Non- Contributing Party, without further action on his or her part, shall be deemed to have assigned to CWEI the economic rights to the Interests held by the Non-Contributing Party pursuant to this Agreement, and CWEI, as the assignee of the Non-Contributing Party and the holder of such Interests, shall be entitled to receive all allocations of income, gain, loss, deduction, credit or similar items, and all distributions, to which the Non-Non- Contributing Party would otherwise be entitled from and after the Contribution Date. CWEI shall hold such Interests attributable to the Non-Contributing Party until such time as CWEI, as the holder of such Interests, shall have received distributions pursuant to Section 5.05 in an aggregate amount equal to 200% of the additional funds paid by CWEI pursuant to this Section 5.04(c), whereupon CWEI, without further action on its part, shall be deemed to have re-assigned the economic rights to such Interests to the Non-Contributing Party. CWEI may use the power of attorney set forth in Section 8.13 to reflect any assignment pursuant to this Section 5.04(c). Furthermore, a Non-Non- Contributing Party shall indemnify and hold harmless each other Party to the fullest extent permitted by law, from and against the costs and expenses that the Non-Contributing Party failed to pay, including any losses, costs, liabilities, damages, and expenses (including, without limitation, costs of suit and attorneys’ ' fees) paid or incurred in attempting to collect the costs that the Non-Contributing Party failed to pay.. 5.05

Funding of Costs and Expenses. (a) The Parties agree to pay timely the costs and expenses allocated and charged to them pursuant to Section 5.01 and elsewhere herein. (b) To the extent that costs and expenses are allocated and charged to Participants pursuant to Section 5.01 and elsewhere in this Agreement, and not retained by CWEI from a distribution to Participants pursuant to Section 5.055.01, CWEI shall send written notice to the Participants (a “Contribution Notice”) setting forth (i) the date on which such additional funds shall be payable (the “Contribution Date”), which date shall be not less than 10 days after the date of the Contribution Notice, and (ii) the total amount of funds required to be paid by each Participant pursuant to this Section 5.04. The funds required of each Participant shall be in proportion to the number of Interests held by such Participant. (c) If a Participant does not pay timely the costs and expenses allocated and charged to such Participant (a “Non-Contributing Party”) at the time or in the manner provided in the Contribution Notice, CWEI, in its sole discretion, may pay the costs and expenses that the Non-Contributing Party failed to pay within 20 days after the Contribution Notice, in which case the Non-Contributing Party, without further action on his or her part, shall be deemed to have assigned to CWEI the economic rights to the Interests held by the Non-Contributing Party pursuant to this Agreement, and CWEI, as the assignee of the Non-Contributing Party and the holder of such Interests, shall be entitled to receive all allocations of income, gain, loss, deduction, credit or similar items, and all distributions, to which the Non-Contributing Party would otherwise be entitled from and after the Contribution Date. CWEI shall hold such Interests attributable to the Non-Contributing Party until such time as CWEI, as the holder of such Interests, shall have received distributions pursuant to Section 5.05 in an aggregate amount equal to 200% of the additional funds paid by CWEI pursuant to this Section 5.04(c), whereupon CWEI, without further action on its part, shall be deemed to have re-assigned the economic rights to such Interests to the Non-Contributing Party. CWEI may use the power of attorney set forth in Section 8.13 to reflect any assignment pursuant to this Section 5.04(c). Furthermore, a Non-Contributing Party shall indemnify and hold harmless each other Party to the fullest extent permitted by law, from and against the costs and expenses that the Non-Contributing Party failed to pay, including any losses, costs, liabilities, damages, and expenses (including, without limitation, costs of suit and attorneys’ fees) paid or incurred in attempting to collect the costs that the Non-Contributing Party failed to pay.

Funding of Costs and Expenses. (a) The Parties agree to pay timely the costs and expenses allocated and charged to them pursuant to Section 5.01 and elsewhere herein. (b) To the extent that costs and expenses are allocated and charged to Participants pursuant to Section 5.01 0 and elsewhere in this Agreement, and not retained by CWEI from a distribution to Participants pursuant to Section 5.05, CWEI shall send written notice to the Participants (a “Contribution Notice”) setting forth (i) the date on which such additional funds shall be payable (the “Contribution Date”), which date shall be not less than 10 days after the date of the Contribution Notice, and (ii) the total amount of funds required to be paid by each Participant pursuant to this Section 5.04. The funds required of each Participant shall be in proportion to the number of Interests held by such Participant. (c) If a Participant does not pay timely the costs and expenses allocated and charged to such Participant (a “Non-Contributing Party”) at the time or in the manner provided in the Contribution Notice, CWEI, in its sole discretion, may pay the costs and expenses that the Non-Contributing Party failed to pay within 20 days after the Contribution Notice, in which case the Non-Contributing Party, without further action on his or her part, shall be deemed to have assigned to CWEI the economic rights to the Interests held by the Non-Contributing Party pursuant to this Agreement, and CWEI, as the assignee of the Non-Contributing Party and the holder of such Interests, shall be entitled to receive all allocations of income, gain, loss, deduction, credit or similar items, and all distributions, to which the Non-Contributing Party would otherwise be entitled from and after the Contribution Date. CWEI shall hold such Interests attributable to the Non-Contributing Party until such time as CWEI, as the holder of such Interests, shall have received distributions pursuant to Section 5.05 in an aggregate amount equal to 200% of the additional funds paid by CWEI pursuant to this Section 5.04(c), whereupon CWEI, without further action on its part, shall be deemed to have re-assigned the economic rights to such Interests to the Non-Contributing Party. CWEI may use the power of attorney set forth in Section 8.13 to reflect any assignment pursuant to this Section 5.04(c). Furthermore, a Non-Contributing Party shall indemnify and hold harmless each other Party to the fullest extent permitted by law, from and against the costs and expenses that the Non-Contributing Party failed to pay, including any losses, costs, liabilities, damages, and expenses (including, without limitation, costs of suit and attorneys’ fees) paid or incurred in attempting to collect the costs that the Non-Contributing Party failed to pay.